Software licensing has historically been based on a “trust” model in which the user (i.e., licensee) is presumed to be honest and trustworthy and to abide by the legal requirements of the license. Under the trust model, a software license typically accompanies a software product to explain the terms of use. For instance, the software license might dictate that the program code is to be installed on only one computer, and may be used to make one backup copy.
Common types of licenses include “shrink wrap” licenses, “online” licenses, and “site” licenses. A “shrink wrap” license is a license that accompanies each software product that is sold individually in a shrink-wrapped package through retail stores. The user is typically assumed to accept the terms of the shrink wrap license upon breaking the seal of the package, or the container that holds the disk itself.
An “online” license is one that accompanies software products that are downloaded online, such as from the Internet. The license is typically presented to the user prior to downloading the code. The user is presented with a choice to accept or reject the license. If the user accepts the license (e.g., by clicking an “Accept” button on the screen), the user is presumed to have accepted the terms of the license and the code is downloaded to the user's computer.
A “site” license is a single license that allows installation of multiple copies of software on many different computers at a particular site or many sites. It is commonly used to sell software to corporations, firms, or other entities having many computers. The purchaser pays for a certain number of copies (e.g., hundreds or thousands), and the site license enables the purchaser to install that many copies on its computers. The site license is beneficial because the software vendor need not supply a large number of program disks, but merely supplies one or a few copies of the software and lets the purchaser install the copies without is violating the agreement.
Each of the above license arrangements assumes that the purchaser is honest. The software purchaser must abide by the license terms in order to legally use the software. If the purchaser fails to abide by the provisions, the purchaser can be charged with civil and criminal violations.
However, enforcement of such licenses is impractical, if not impossible. Unscrupulous users might make multiple copies of the software code and install it on more computers than the license allows. Yet, software vendors cannot begin to monitor these abuses because they occur in the privacy of the home or company. Thus, it is believed that the software industry loses a large percentage of revenues each year simply due to illegitimate use of software by the licensees. This loss does not even account for the problems of overseas pirating.
Another problem with conventional software licensing practices concerns internal monitoring and bookkeeping on the part of large-site licensees. In most cases, the licensees want to comply with the terms of the software licenses, but are unable to adequately track the software as it is used throughout the site. For example, a large corporation might purchase several thousand copies of the software and begin installing the copies. However, computers and personnel change over time and it is difficult to centrally monitor how many copies have been installed, whether the copies have expired, whether they need upgrading, and so forth.
Accordingly, there is a need to develop a new approach to licensing software in a manner that assures that the terms are being meet and assists the licensee with monitoring whether it is in compliance with the software license.